Bablu Mobin Khan v. The State Of Maharashtra And Others
2025:BHC-AUG:1583
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 36 ANTICIPATORY BAIL APPLICATION NO. 1638 OF 2024 1.
Darshan Jalindar Kate, 2.
Aditya Vasant Langde.
VERSUS
The State Of Maharashtra.
...
Advocate for Applicant : Mr. Salunke Nitin S. APP for Respondents-State: Mr. A.A.A.Khan Advocate for Assist to APP : Mr. Sagar P. Mohale h/f Mr. Shaikh Mazhar A. Jahagirdar.
...
WITH CRIMINAL APPLICATION NO. 4885 OF 2024 IN ABA/1638/2024 ....
CORAM : ARUN R. PEDNEKER, J.
Dated : January 20, 2025.
PER COURT :- 1.
Criminal Application No.4885 of 2024 is filed for Assist to learned APP. The said application is allowed and disposed of. 2.
Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to learned APP. 3.
The applicant is apprehending arrest in connection with FIR No.0594/2024, dated 28/07/2024, registered at MIDC Police Station, District Ahmednagar, for the offences punishable under sections 115(2), 118(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023. 4.
The injured person suffered one grievous injury each, which is attributable to Accused No.1 and 2. The two victims, i.e. the informant and his brother, both sustained injuries. The informant suffered an injury 1 of
36 ABA 1638-2024 to the face, and the brother suffered an injury to his hand. The injuries are grievous in nature and were caused by the applicants No.1 and 2. The role attributed to the applicants is that they beat the informant with fists and blows.
5.
The learned Counsel appearing for the Assistant to the APP and the learned APP has objected to the grant of bail to the applicants. The learned Counsel submit that the applicants along with the other accused are collectively responsible for the injuries. 6.
On the direction of this Court, the applicant attended the police station and cooperated with the investigation. Considering the role of the applicant that they have assaulted the informant and his brother by fists and blows. and the fact that interim protection was granted by this Court on 27/09/2024, and that the applicants have cooperated with the investigation, further custody of the applicants is not required for further investigation. The interim protection granted to the applicants stands confirmed.
7.
In view of the above, the application is allowed in the following terms :
i] In the event the applicants are arrested in connection with FIR No.0594/2024, dated 28/07/2024, registered at MIDC Police Station, District Ahmednagar, for the offences punishable under 2 of
36 ABA 1638-2024 sections 115(2), 118(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicants shall attend the police station as and when called by the police.
iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court. 8.
In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 9.
It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 10.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
3 of